PUBLIC LAW BOARD NO. 5606
PARTIES) BROTHERHOOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE) SPRINGFIELD TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when the Carrier assigned and
allowed Engineer of Track Gillam and Supervisor Dyer to
perform Maintenance of Way work, i.e., painting a floor and
moving furniture in the Engineering Office in Waterville, Maine
for a total of six (6) hours on April 18 and 19, 2002, instead of
assigning furloughed Bridge & Building (B&B) Mechanic J. C.
Hafford.
2. As a consequence of the violation referred to in Part (1) above,
furloughed B&B Mechanic J. C. Hafford shall now be allowed six
(6) hours' pay at the B&B Mechanic's straight time rate, i.e., six
(6) hours at $18.27 per hour, for a total of $109.62. (Carrier File
MW-02-34)
FINDINGS:
The Board, after hearing upon the whole record and all the evidence, finds that the
parties herein are Carrier and Employee within the meaning of the Railway Labor
Act, as amended; this Board has jurisdiction over the dispute involved herein; and,
the parties were given due notice of hearing thereon.
The issue here in dispute is not unlike that which was before the Board in Case No.
32, except that the work at issue involves time spent by supervisory officials of the
Carrier in painting an office floor in addition to the movement of furniture related
to the performance of that task. The claimant is also the same as in Case No. 32,
namely, furloughed B&B Mechanic Hafford.
The arguments of the parties and the rules relied upon by the Organization in
support of the claim are the same as had been advanced both on the property and to
the Board in Case No. 32.
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AWARD NO. 33
CASE NO. 33
For the same reasons expressed by the Board in its Award No. 32 in disposition of
Case No. 32, the instant claim is also denied for a lack of a necessary burden of
proof for it to be concluded from the record as presented that there was, in fact, a
violation of the rules of the controlling agreement.
AWARD:
Claim denied.
Robert E. Peterson
Chair & Neutral Member
Anthony F. Lomanto Stuart A. Hulburt, Jr.
Carrier Member Organization Member
North Billerica, MA
Dated Aor
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